Text of the provision
Art. 748. The donation of a movable may be made orally or in writing. An oral donation requires the simultaneous delivery of the thing or of the document representing the right donated. If the value of the personal property donated exceeds five thousand pesos, the donation and the acceptance shall be made in writing. Otherwise, the donation shall be void.
(632a)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
A donation of a movable may be made orally or in writing, but an oral donation requires simultaneous delivery of the thing or of the document representing the right. If the personal property is worth more than five thousand pesos, both the donation and the acceptance must be in writing, otherwise the donation is void.
Related provisions
- Article 747 — Duty Of Representative Accepting.
- Article 749 — Form Of Donations Of Immovables.
Cases citing this article
- Doris Marie S. Lopez vs. Aniceto G. Saludo, Jr, G.R. No. 233775, September 15, 2021 — read the decision on LawPhil →
- Spouses Ruth Dizon Devisfruto and Allan Devisfruto vs. Maxima L. Greenfell, G.R. No. 227725, July 1, 2020 — read the decision on LawPhil →
- Heirs of Ferdinand Roxas vs. Heirs of Melania Roxas, G.R. No. 254452, November 27, 2024 — read the decision on LawPhil →
- Heirs of Fedelina Sestoso Estella represented by Virgilia Estella Poliquit, et al. vs. Jesus, G.R. No. 245469, December 9, 2020 — read the decision on LawPhil →
- Terelay Investment and Development Corporation vs. Cecilia Teresita J. Yulo, G.R. No. 160924, August 5, 2015 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.